Legal Opinion · Dissent

Filtsch v. Sipe

Supreme Court of Oklahoma

Decided October 22, 1946No. 31898Published

1DissentRiley, J.

Actions are provided by law to settle controversies. A judgment is final and conclusive of all issues presented or which may have been presented. A judgment is not subject to collateral attack. 34 C.J.S. 914; 21 Am. .Jur. 918; May v. Casker, 188 Okla. 448, 110 P. 2d 287; 34 C.J. 520; 31 Am. Jur. 204; Kemp v. Turnbull 198 Okla. 27, 174 P. 2d 384. It may be that the claim involved herein, arising on contract, was presented to the admin-istratrix and proof of that fact established on the original trial. A petition is amendable to conform to proof, admitted without objection or by the adverse…

2Cases cited24 opinions

  1. Hamilton v. BlakeneySupreme Court of Oklahoma · 1917
  2. United States Gypsum Co. v. ShafferCalifornia Supreme Court · 1936
  3. Clayton v. DinwoodeyUtah Supreme Court · 1908
  4. In Re Barnett's EstateSupreme Court of Oklahoma · 1915
  5. May v. CaskerSupreme Court of Oklahoma · 1940

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